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Henry VIII's will


The will of Henry VIII of England was a significant constitutional document, or set of contested documents created in the 1530s and 1540s, and affecting English and Scottish politics for the rest of the 16th century. In conjunction with legislation passed by the English Parliament, it was supposed to have a regulative effect in deciding the succession to the three following monarchs of the House of Tudor, the three legitimate and illegitimate children, (the Third Succession Act expressly recognised the illegitimacy of Henry's daughters) of King Henry VIII of England. Its actual legal and constitutional status was much debated; and arguably the succession to Elizabeth I did not respect Henry's wishes.

Henry VIII made a final revision to his last will and testament on 30 December 1546. It was signed using the "dry stamp", a device in use since 1545, and under the control of Anthony Denny and John Gates. It confirmed the line of succession as Edward, Mary and Elizabeth; following them, the Grey and Suffolk families. The will was read, stamped and sealed on 27 January 1547, when the dying king was past speech. He died within hours, the next day.

The document still exists, but this fact was not generally known or accepted by the 1560s, when some believed it was lost, or had been destroyed.

The will appointed 16 executors. This body had little impact in the short term, because its powers were given to a smaller group. It was officially (with one other) the council of Edward VI of England until 12 March 1547, after which Protector Somerset nominated the council. The effective end of the Somerset Protectorate came in early 1550. Those executors who were still alive (13 of the original 16, after Browne, Denny and then Wriothesley had died) had a leading constitutional role, in theory from 13 October 1549.

The executors comprised:

Pollard wrote that the traditional view, that the balance of the group of executors on the religious question was deliberately poised to create an equilibrium, is mistaken: the exclusion of Stephen Gardiner tipped the balance to the evangelical reformers. MacCulloch considers that in 1550, after the fall of Somerset, there was a balance, but that the evangelicals manoeuvred to a position of superiority.


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